What’s the role of a grand jury in Georgia criminal defense proceedings?
A Georgia grand jury decides whether there’s probable cause to charge a felony, and it hears only one side. O.C.G.A. § 15-12-61 sets it at 16 to 23 people, and 12 votes are needed to return an indictment. A true bill sends the case to the trial court, and a no bill stops that indictment, though the state may present again.
Defense’s limited role. A target generally has no right to appear or present evidence. Peace officers have a special process under § 17-7-52, which gives them notice and a chance to appear in certain circumstances.
Secrecy. Grand jurors keep the proceedings secret under their oath, and § 15-12-73 protects their communications. A witness’s Fifth Amendment rights remain.
When an indictment isn’t needed. A person can waive it. Under § 17-7-70, a defendant who’s represented can agree to an accusation in many non-capital felonies. Misdemeanors can proceed by accusation under § 17-7-71.
Timing and bond. Under § 17-7-50, a person refused bail is entitled to have a grand jury hear the charge within 90 days of confinement. If none does, bail is set on application. In a death penalty case, the court can grant one extension of up to 90 days.
Other roles. A grand jury can issue a presentment, inspect jails, and act on civil matters such as an investigation. Special purpose grand juries are a separate category under § 15-12-100.
What comes next. Arraignment follows, and an indictment’s defects need to be raised under § 17-7-110.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.